Multi-vehicle wreck, my car was parked

[Steadfast52]

Alabama, just south of Whitesburg Bridge in Huntsville

Here's the deal: my dad's truck was having ignition trouble, so we went to O'Reilly's to get a new starter. On the way back home, we ran out of gas on the bridge, and pushed the car to the top where it could be easily seen by oncoming traffic. We parked it in the left lane (there were two lanes and no emergency lanes) put on the emergency lights, and a man was nice enough to give me a ride to a gas station a mile away, while my dad stayed behind to steer traffic away. I came back about three minutes later, and our car had been hit so hard that the back end had been smashed into the front seats. (The speed limit on the bridge is 60). My dad had been hit by the car AND the vehicle that hit it. He didn't even have time to jump off the bridge, that's how fast they were going. The car bounced off one side of the bridge, hit the other, and then collided nearly 100 feet ahead into a vehicle that was in the other lane very far from the initial impact. There were three more vehicles that rear-ended the one who hit us (who was obviously speeding). They were (obviously) speeding as well and not maintaining a safe following distance and all lied about their speed. This driver who hit us has no insurance, lied to the police about having Ampro (I called, he does not have insurance with them), and even got out of the car and started cussing us. Can you believe that? I have video of the emergency flashers dangling out of the car and still working
Is it a good idea to file a lawsuit against him? My father sustained neck injuries, a sprained back, and an injured right knee.
Also, the car was my only way to and from college, and if I miss my Friday class, I could get kicked out. Is that also a justifiable reason for lawsuit?
P.S. I forgot to mention that this is a 1994 buick with a steel body frame. VERY durable, and VERY heavy

 

[ecmst12]

I'm guessing there was no collision coverage on the car. That would be the best way to recover for it.

This car was not worth very much money, and the maximum you could recover in a lawsuit (or insurance claim) is the fair market value of the vehicle in the condition it was in immediately before the accident. Plus, even if you sue and win, you may never actually collect anything.

If you rent a car to get to class on Friday, you can include that cost in your damages, but again, see above.

There may also be some issues with how the car was obstructing traffic, not pushed off the road to a safe location, not marked with flares, and you did not call the police or a tow truck or anything but just left the car in the travel lane.

 

[Steadfast52]

Maybe so

I looked the car up, and It's worth over $3000 in new condition, and with the mileage we had and the condition it was in, I could have gotten $2800 for it.
There was an open lane and 1500 feet before the car to see it parked with flashers on. Also, I wasn't gone for very long, I had planned on having the car running within 5 minutes, a tow truck was unnecessary
How would I not receive anything through a suit? Wouldn't they just take the money directly from his paychecks if he decides not to send us the money?

Btw, this was during the daytime, at noon. ...flares? I don't know many who carry them

 

[ecmst12]

That sounds like a VERY optimistic estimate of your car's value.

I don't know if it's possible to garnish wages in your state, in mine you can't. Either way it's not automatic, and you have to be able to find the employer, assuming he even has a job.

 

[OHRoadwarrior]

As stated, the car obstructing the lane may be an issue. Dad standing in the road is definitely and issue. He will likely get little compensation for playing in traffic.